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Offline a.marcos

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Supreme postpones decision on the Sean case
« on: November 29, 2011, 02:16:26 PM »
Ministros decidiram levar discussão para o plenário da Corte. Solução deve sair em 2012

Em julgamento realizado nesta terça-feira (29), a Primeira Turma do STF (Supremo Tribunal Federal) decidiu, por maioria, levar o caso do menino Sean Goldman, de 11 anos, para análise do plenário da Corte.

A decisão adia, mais uma vez, o desfecho do imbróglio que envolve familiares do garoto, que atualmente vive com o pai nos Estados Unidos.

Em 2009, uma liminar concedida pelo ministro Marco Aurélio Mello atendeu ao pedido da avó materna da criança, Silvana Bianchi, para que Sean fosse ouvido no processo, ainda no Brasil.

A ideia era deixar para ele a decisão sobre se gostaria de ficar no país ou se preferia viver com o pai, David Goldman, nos Estados Unidos. A liminar, no entanto, foi derrubada pelo ministro Gilmar Mendes e Sean foi entregue ao americano no mesmo dia.

Os três habeas corpus que seriam analisados hoje, na prática, poderiam definir o retorno imediato de Sean ao Brasil até que o processo seja encerrado. Mas o ministro Luiz Fux sugeriu que o assunto fosse levado ao plenário devido à relevância nacional e internacional do caso.

A posição de Fux foi seguida pelos ministros Dias Toffoli e Cármen Lúcia. Marco Aurélio foi voto vencido. Com isso, o caso ainda não tem data para ser analisado, mas, segundo o advogado da família brasileira, Sergio Tostes, deve ficar para o ano que vem.

- A Corte fará justiça, tenho certeza. Infelizmente, não teremos mais uma decisão neste ano, mas confio no bom senso dos ministros.

O advogado de David Goldman, Ricardo Zamariola, disse que a decisão do STF, ainda que seja tomada pelo plenário, não garante o retorno de Sean ao Brasil.

- O menor só retorna ao Brasil se a Justiça americana determinar que ele volte. Não é uma questão de demérito à Justiça brasileira, é uma questão de competência internacional.

A opinião é compartilhada pela outra advogada de Silvana Bianchi, Fernanda Mendonça Figueiredo. Para ela, ainda que a decisão do ministro Gilmar Mendes seja reformada, o governo brasileiro teria de entrar em acordo com o governo americano para dar prosseguimento ao caso.

- A gente sabe que os Estados Unidos não têm hábito de cumprir decisões de países alheios. Apesar de ser uma Justiça de um país soberano que haveria de ser cumprida, assim como cumprimos, quando vieram decisões da Justiça americana. Não é possível fazer previsões, precisamos aguardar.

O garoto Sean Goldman nasceu nos Estados Unidos e veio com mãe, Bruna Bianchi, passar férias no Brasil, mas os dois não retornaram. Desde então, o pai biológico, o americano David Goldman, iniciou uma batalha judicial para levar o menino de volta. Bruna se casou novamente e morreu no parto da segunda filha, Chiara, em dezembro de 2009.



google translater
Ministers decided to take the discussion to the full Court. Solution should be out in 2012

In that trial on Tuesday (29), the First Panel of the Supreme Court (Supreme Court) decided by majority to take the case of Sean Goldman, 11, for analysis of the full Court.

The decision postponed again, the outcome of the imbroglio involving the boy's family, who now lives with his father in the United States.

In 2009, an injunction granted by Justice Marco Aurelio Mello responded to the request of the child's maternal grandmother, Silvana Bianchi, that Sean was heard in the proceedings, even in Brazil.

The idea was to leave the decision on whether he would like to stay in the country or would prefer to live with his father, David Goldman in the United States. The injunction, however, was overturned by Gilmar Mendes and Sean was delivered to the U.S. on the same day.

The three habeas corpus that would be considered today in practice, could define the immediate return of Sean to Brazil until the process is terminated. But the minister Luiz Fux suggested that the matter be brought to the floor due to national and international relevance of the case.

The position of Fux was followed by ministers and Carmen Lucia Dias Toffoli. Marcus Aurelius was overruled. Thus, the case has no date to be analyzed, but the second Brazilian family's lawyer, Sergio Tostes, it should be for the next year.

- The Court will do justice, I'm sure. Unfortunately, we no longer have a decision this year, but I trust the good sense of the ministers.

David Goldman's lawyer, Ricardo Zamariola, said the decision of the Supreme Court, even if it is taken by the plenary, does not guarantee the return of Sean to Brazil.

- The lower returns to Brazil only if the U.S. court to determine that he returns. It is not an issue of the Brazilian Justice demerit, is a question of international jurisdiction.

The opinion is shared by the other attorney Silvana Bianchi, Fernanda Figueiredo Mendonca. For her, that the decision of the Minister Gilmar Mendes is reformed, the Brazilian government would have to come to terms with the U.S. government to continue the case.

- We know that the U.S. does not have the habit of fulfilling decisions of others countries. Despite being a justice of a sovereign country that would be fulfilled, and fulfilled when they came to the U.S. court decisions. It is not possible to make predictions, we need to wait.

The boy Sean Goldman was born in the United States and came with his mother, Bruna Bianchi, a holiday in Brazil, but the two did not return. Since then, the biological father, American David Goldman, began a legal battle to bring the boy back. Bruna remarried and died in childbirth of their second daughter, Chiara, in December 2009.
« Last Edit: November 29, 2011, 03:57:47 PM by M.Capestro »

Offline ProudDaddy

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Re: Supreme postpones decision on the Sean case
« Reply #1 on: November 29, 2011, 02:54:35 PM »
Ministros decidiram levar discussão para o plenário da Corte. Solução deve sair em 2012

Em julgamento realizado nesta terça-feira (29), a Primeira Turma do STF (Supremo Tribunal Federal) decidiu, por maioria, levar o caso do menino Sean Goldman, de 11 anos, para análise do plenário da Corte.

A decisão adia, mais uma vez, o desfecho do imbróglio que envolve familiares do garoto, que atualmente vive com o pai nos Estados Unidos.

Em 2009, uma liminar concedida pelo ministro Marco Aurélio Mello atendeu ao pedido da avó materna da criança, Silvana Bianchi, para que Sean fosse ouvido no processo, ainda no Brasil.

A ideia era deixar para ele a decisão sobre se gostaria de ficar no país ou se preferia viver com o pai, David Goldman, nos Estados Unidos. A liminar, no entanto, foi derrubada pelo ministro Gilmar Mendes e Sean foi entregue ao americano no mesmo dia.

Os três habeas corpus que seriam analisados hoje, na prática, poderiam definir o retorno imediato de Sean ao Brasil até que o processo seja encerrado. Mas o ministro Luiz Fux sugeriu que o assunto fosse levado ao plenário devido à relevância nacional e internacional do caso.

A posição de Fux foi seguida pelos ministros Dias Toffoli e Cármen Lúcia. Marco Aurélio foi voto vencido. Com isso, o caso ainda não tem data para ser analisado, mas, segundo o advogado da família brasileira, Sergio Tostes, deve ficar para o ano que vem.

- A Corte fará justiça, tenho certeza. Infelizmente, não teremos mais uma decisão neste ano, mas confio no bom senso dos ministros.

O advogado de David Goldman, Ricardo Zamariola, disse que a decisão do STF, ainda que seja tomada pelo plenário, não garante o retorno de Sean ao Brasil.

- O menor só retorna ao Brasil se a Justiça americana determinar que ele volte. Não é uma questão de demérito à Justiça brasileira, é uma questão de competência internacional.

A opinião é compartilhada pela outra advogada de Silvana Bianchi, Fernanda Mendonça Figueiredo. Para ela, ainda que a decisão do ministro Gilmar Mendes seja reformada, o governo brasileiro teria de entrar em acordo com o governo americano para dar prosseguimento ao caso.

- A gente sabe que os Estados Unidos não têm hábito de cumprir decisões de países alheios. Apesar de ser uma Justiça de um país soberano que haveria de ser cumprida, assim como cumprimos, quando vieram decisões da Justiça americana. Não é possível fazer previsões, precisamos aguardar.

O garoto Sean Goldman nasceu nos Estados Unidos e veio com mãe, Bruna Bianchi, passar férias no Brasil, mas os dois não retornaram. Desde então, o pai biológico, o americano David Goldman, iniciou uma batalha judicial para levar o menino de volta. Bruna se casou novamente e morreu no parto da segunda filha, Chiara, em dezembro de 2009.

google translater
Ministers decided to take the discussion to the full Court. Solution should be out in 2012

In that trial on Tuesday (29), the First Panel of the Supreme Court (Supreme Court) decided by majority to take the case of Sean Goldman, 11, for analysis of the full Court.

The decision postponed again, the outcome of the imbroglio involving the boy's family, who now lives with his father in the United States.

In 2009, an injunction granted by Justice Marco Aurelio Mello responded to the request of the child's maternal grandmother, Silvana Bianchi, that Sean was heard in the proceedings, even in Brazil.

The idea was to leave the decision on whether he would like to stay in the country or would prefer to live with his father, David Goldman in the United States. The injunction, however, was overturned by Gilmar Mendes and Sean was delivered to the U.S. on the same day.

The three habeas corpus that would be considered today in practice, could define the immediate return of Sean to Brazil until the process is terminated. But the minister Luiz Fux suggested that the matter be brought to the floor due to national and international relevance of the case.

The position of Fux was followed by ministers and Carmen Lucia Dias Toffoli. Marcus Aurelius was overruled. Thus, the case has no date to be analyzed, but the second Brazilian family's lawyer, Sergio Tostes, it should be for the next year.

- The Court will do justice, I'm sure. Unfortunately, we no longer have a decision this year, but I trust the good sense of the ministers.

David Goldman's lawyer, Ricardo Zamariola, said the decision of the Supreme Court, even if it is taken by the plenary, does not guarantee the return of Sean to Brazil.

- The lower returns to Brazil only if the U.S. court to determine that he returns. It is not an issue of the Brazilian Justice demerit, is a question of international jurisdiction.

The opinion is shared by the other attorney Silvana Bianchi, Fernanda Figueiredo Mendonca. For her, that the decision of the Minister Gilmar Mendes is reformed, the Brazilian government would have to come to terms with the U.S. government to continue the case.

- We know that the U.S. does not have the habit of fulfilling decisions of others countries. Despite being a justice of a sovereign country that would be fulfilled, and fulfilled when they came to the U.S. court decisions. It is not possible to make predictions, we need to wait.

The boy Sean Goldman was born in the United States and came with his mother, Bruna Bianchi, a holiday in Brazil, but the two did not return. Since then, the biological father, American David Goldman, began a legal battle to bring the boy back. Bruna remarried and died in childbirth of their second daughter, Chiara, in December 2009.

It seems STF got a huge and very hot potato to handle.

Offline rduffiel

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Re: Supreme postpones decision on the Sean case
« Reply #2 on: November 29, 2011, 03:06:01 PM »
The position of Fux was followed by ministers and Carmen Lucia Dias Toffoli. Marcus Aurelius was overruled. Thus, the case has no date to be analyzed, but the second Brazilian family's lawyer, Sergio Tostes, it should be for the next year.

My hope is that they keep up the tradition by taking forever to analyze this case.  Let's hope it takes at least another 5 to 6 years.
Knowledge comes, but wisdom lingers.  ~Alfred Lord Tennyson

Rose

Offline lovellboys

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Re: Supreme postpones decision on the Sean case
« Reply #3 on: November 29, 2011, 03:08:30 PM »
The opinion is shared by the other attorney Silvana Bianchi, Fernanda Figueiredo Mendonca. For her, that the decision of the Minister Gilmar Mendes is reformed, the Brazilian government would have to come to terms with the U.S. government to continue the case.

Is it just me or if there actually an attorney for the other side that seems to understand how this works?  So in 2012 that STF may rule that Sean should be heard....ummm....good luck with that.    

Offline ANALE

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Re: Supreme postpones decision on the Sean case
« Reply #4 on: November 29, 2011, 03:39:59 PM »
So when Sean eventually tells them that he wants to stay with his father, will they appeal that too?  Just saying..........

Offline Bob D'Amico

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Re: Supreme postpones decision on the Sean case
« Reply #5 on: November 29, 2011, 04:06:12 PM »
Unfortunately all this just means that David & Sean still have to be wary of the Habeas Corpus orders that were issued in Brazil and continue to pay for legal representation both in Brazil and the US.

I wonder if Silvana really wants to see Sean or if its more a matter of "financial" revenge. Financially punishing David also punishes Sean!

She needs to learn the Serenity Prayer

God, grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.
Bob D'Amico

Offline sharon regina

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Re: Supreme postpones decision on the Sean case
« Reply #6 on: November 29, 2011, 04:37:47 PM »
I think she really doesn't want to see Sean and what she wants is purely revenge!

Offline MarieA

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Re: Supreme postpones decision on the Sean case
« Reply #7 on: November 29, 2011, 04:41:40 PM »
Unfortunately all this just means that David & Sean still have to be wary of the Habeas Corpus orders that were issued in Brazil and continue to pay for legal representation both in Brazil and the US.

I wonder if Silvana really wants to see Sean or if its more a matter of "financial" revenge. Financially punishing David also punishes Sean!

I think this is just about Silvana being "The Winner."  Both David and Sean could be substituted by anyone.  Silvana's need to "win" is too primal to be influenced by anyone (or anything) but her own self.  Her continued efforts to be The Winner will only further alienate her from Sean (and from his father, I might add).

This is like when I pull a chair up to the kitchen cabinet, and stand on it to reach what I want.  Except Sean is not just a chair and deserves better than to be used as Silvana's pawn.

Offline sharon regina

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Re: Supreme postpones decision on the Sean case
« Reply #8 on: November 29, 2011, 04:52:18 PM »

I think this is just about Silvana being "The Winner."  Both David and Sean could be substituted by anyone.  Silvana's need to "win" is too primal to be influenced by anyone (or anything) but her own self.  Her continued efforts to be The Winner will only further alienate her from Sean (and from his father, I might add).

This is like when I pull a chair up to the kitchen cabinet, and stand on it to reach what I want.  Except Sean is not just a chair and deserves better than to be used as Silvana's pawn
 I agree !!!!!!!!!!!!!!!

Offline Roberta Palermo

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Re: Supreme postpones decision on the Sean case
« Reply #9 on: November 29, 2011, 04:58:22 PM »
Bob, I went to an AA meeting in july, when I was in USA, to see what they use to do at these meetings and it was the first time I heard this prayer and I loved it. What a pity the grandmother doesn't stop being mean and starts to be a normal grandmother. While she is fighting and waisting her time, the ex-stepfather has a new life, new wife, new stepson, new daughter. David has his son back and she is there, by herself. What I like to think is that David still has to pay lawyers what is really hard, but before he had to pay and didn't have Sean. Now he has and I still don't believe sometimes. I hope to meet you all, one day. Friends like you guys are awesome! Bye, Roberta

Unfortunately all this just means that David & Sean still have to be wary of the Habeas Corpus orders that were issued in Brazil and continue to pay for legal representation both in Brazil and the US.

I wonder if Silvana really wants to see Sean or if its more a matter of "financial" revenge. Financially punishing David also punishes Sean!

She needs to learn the Serenity Prayer

God, grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.


Offline L.E.R.P.

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Re: Supreme postpones decision on the Sean case
« Reply #10 on: November 29, 2011, 05:19:55 PM »
Is there any $Aid$ to Brazil which someone in US Gov could whoops into the shredder? :madgo

Unfortunately all this just means that David & Sean still have to be wary of the Habeas Corpus orders that were issued in Brazil and continue to pay for legal representation both in Brazil and the US.

I wonder if Silvana really wants to see Sean or if its more a matter of "financial" revenge. Financially punishing David also punishes Sean!

She needs to learn the Serenity Prayer

God, grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.

Failure is not defined by attempts to change what is wrong back to what is right; failure is defined by accepting what is wrong and doing nothing to change it!   L.E.R.P.

Offline LukieD

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Re: Supreme postpones decision on the Sean case
« Reply #11 on: November 29, 2011, 06:00:31 PM »
Just when you thought you'd seen it all out of Brazil. Here we are, almost two years to the day of Sean's return, and the STF court finally gets around to reviewing the validity of the return order, only to decide "hey, maybe it's a good idea for us to get the entire court together to review this one"! Gee, ya think? Then they punt on it again indefinitely, prolonging the litigation for who knows how many more years? Sad and pathetic.

As far as judging a habeas corpus that might require Sean to testify as to what he wants, good luck with that one. It doesn't take a lawyer or judge to see that the passage of time weakens that argument significantly. It's really a moot issue at this point in time. If they're ruling on Sean's best interests at this point, certainly Sean's "right" to be heard would have to be weighed against his right to a peaceful coexistence with his father and family in the US, without being uprooted yet again. Once again, these judges make a mockery of the Brazilian judicial system.

Offline ProudDaddy

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Re: Supreme postpones decision on the Sean case
« Reply #12 on: November 29, 2011, 06:18:48 PM »
Is there any $Aid$ to Brazil which someone in US Gov could whoops into the shredder? :madgo

Not really. Financial assistance to Brazil sums a few tens of million dollars and are mostly directed to fight drug trafficking, education & health of countryside children, things like that. And by now there wouldn't be any reason for that measure for now - the court will take forever to come up with a decision.

Offline Bree

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Re: Supreme postpones decision on the Sean case
« Reply #13 on: November 30, 2011, 01:42:19 AM »
I think it's sad what Silvana is doing to SEAN, not just David.  By continuing this ridiculous fight, she is essentially taking from Sean...does she not see that?  Every penny that David has to pay to both US and Brazilian legal teams is money that could have gone to doing something FOR SEAN.  I'm beginning to wonder if she even loves Sean or if this is just about winning.  I also believes she wants to see David pay for taking "her son" (I believe that's how she referred to Sean).  In the mean time, she's wasting valuable time that could have been spent seeing her beloved grandson.  But there's restrictions there and Silvana doesn't play by anyone's rules (or so she thinks).  How's that attitude working out for you, Silvana?!

This case should have never taken as long as it did, if Brazilian Judges could (or would) read the print on the Hague.  This is not a custody case and never has been.  To allow the 3 HC's to stand, or even waste more of the SC's time, is making a mockery out of the Brazilian Justice system.  I'm sure, if they looked through some of their things, they could find much more to spend their time on....like returning the other abducted children that is being harbored in their country.
"Every parent who has a child and they tuck him in at night, or her in at night, and they wish the best and only the best and they will always protect the child and do whatever they can, but most of the time they don't have to prove it. I'm in the proving grounds, to myself and to my child.  I have to get him home and I will do whatever I have to. I'll never stop to save him."  --David Goldman

Offline MarieA

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Re: Supreme postpones decision on the Sean case
« Reply #14 on: November 30, 2011, 10:18:25 AM »
As far as judging a habeas corpus that might require Sean to testify as to what he wants, good luck with that one. It doesn't take a lawyer or judge to see that the passage of time weakens that argument significantly. It's really a moot issue at this point in time. If they're ruling on Sean's best interests at this point, certainly Sean's "right" to be heard would have to be weighed against his right to a peaceful coexistence with his father and family in the US, without being uprooted yet again. Once again, these judges make a mockery of the Brazilian judicial system.

Another major obstacle to Silvana acquiring her "win" is that Sean now lives with David, who views Sean as a separate individual with his own rights, and not just an extension of himself.  I expect that being treated as a separate person is what informs Sean's daily life now, as opposed to his life being about everyone ELSE.  Kids know when they are being used as pawns.

What Silvana's ego doesn't allow her to realize is that Sean may very well have something to share with her at some point, but it will not be what she expects or wants to hear.  This woman ranks astonishingly low on the emotional intelligence scale!